Portland Land Use Code

Citation: Portland Land Use Code
Parent Document: Portland Land Use Code
Jurisdiction: Portland (municipal)
Original Source: https://www.portlandmaine.gov/asset/a5dcd1dc-4117-40b3-b3da-74a56919e14b ↗

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result from strict compliance with these e. The street has been constructed or
regulations, may vary the regulations so that reconstructed without sidewalks
substantial justice may be done and the public within the last 24 months.
interest secured, provided that such variation f. Strict adherence to the sidewalk
will not have the effect of nullifying the intent requirement would result in the loss
and purpose of the Comprehensive Plan and of significant site features related to
the regulations of this article. landscaping or topography that are
B. Where the Planning Board or Planning deemed to be of a greater public
Authority finds that, for each of the value.
requirements listed in (1) and (2) below, two or 2. Curbing
more of the conditions exist with respect to a. The cost to construct the curbing,
compliance with the requirements set forth in including any applicable street
Subsection 14.5.4 pertaining to the provision opening fees, is in excess of 5% of the
and construction of curbs and/or sidewalks, it overall project cost.
may waive, in whole or in part, the regulations b. The reconstruction of the street is
so that substantial justice may be done and the specifically identified and approved in
public interest secured. the first or second year of the current
1. Sidewalks Capital Improvement Program or has
a. There is no reasonable expectation for been funded through an earlier CIP or
pedestrian usage coming from, going through other sources.
to and traversing the site. c. The street has been rehabilitated
b. There is no sidewalk in existence or without curbing in the last 60 months.
expected within 1,000 feet and the d. Strict adherence to the curb
construction of sidewalks does not requirement would result in the loss
contribute to the development of a of significant site features related to
pedestrian oriented infrastructure. landscaping or topography that are
c. A safe alternative-walking route is deemed to be of a greater public
reasonably and safely available, for value.
example, by way of a sidewalk on the e. Runoff from the development site or
other side of the street that is lightly within the street does not require
traveled. curbing for stormwater management.
d. The reconstruction of the street is C. In no event shall the waiver have the effect of
specifically identified and approved in creating potentially hazardous vehicle and
the first or second year of the current pedestrian conflict or nullifying the intent and
Capital Improvement Program or has purpose and policies of the Comprehensive
been funded through an earlier CIP or Plan relating to transportation and pedestrian
through other sources. infrastructure and the regulations of this
article. CITY OF PORTLAND LAND USE CODE | 14-9 SUBDIVISIONS

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